Gurguvungunit
01-08-2006, 05:43
RECOGNIZING the intent of UN Resolution #26, Universal Bill of Rights,
ACKNOWLEDGING the need for such resolutions,
SUGGESTING that replacement resolution be passed,
SUBMITS that Resolution #26 contains flaws which reflect poorly on the UN, and limit the resolution's scope and legal fortitude.
Article 2 of repealed resolution states:
"All human beings have the right to express themselves through speech and through the media without any interference."
In certain situations, the value of speech is outweighed by the negative impact on society. Examples include, but are not limited to:
Incitement to Riot,
Incitement to Violence,
Divulging of secret information relevant to the national security of member states.
Resolution #26 does not take these exceptions into account.
Article 5 states:
"All human beings must not be subjected to torture or to cruel or inhuman treatment or punishment."
The resolution does not define 'torture' 'cruel or unusual punishment' or 'inhuman treatment'. In cases such as this, where people may be brought to trial over such issues, we firmly believe that such statements must be fully and clearly articulated so as to avoid ambiguity. This resolution fails to do so.
Article 7 states:
"Any arrested person must be assumed innocent until proven guilty."
The legal system of a given member state is frequently based on centuries of legal and social tradition, which varies from nation to nation. In some of these traditions, the burden of legal proof may be placed upon the defendant. Article seven does not take this history into account, nor does it account for other seperate legal systems, such as military law, in which the public's vested interest in order may outwieigh the accused's rights.
SUGGESTS that Resolution #26 makes sweeping statements upon complex legal matters, which could result in confusion or unjust imprisonment through misunderstanding or willful misreading of said resolution.
Hereby REPEALS Resolution #26, The Universal Bill of Rights.
And here's the UBoR in it's entirety:
Description: Recalling the many egregious infringements of human rights,
Recognizing the need to protect basic human rights,
Deploring any acts by government at the sake of human rights,
Determined to put an end to the violation of human rights,
The United Nations shall endorse what will be called the Universal Bill of Rights, the articles of which are as follows:
Article 1 -- All human beings have the right to choose worship any faith, and to change their religious beliefs at any time without punishment on the part of the state.
Article 2 -- All human beings have the right to express themselves through speech and through the media without any interference.
Article 3 -- All human beings have the right to peacefully assemble.
Article 4 -- All human beings have the right to be treated equally under the law of any member nation.
Article 5 -- All human beings must not be subjected to torture or to cruel or inhuman treatment or punishment.
Article 6 -- No human beings will be subjected to arrest or exile without an explicit list of their offenses.
Article 7 -- Any arrested person must be assumed innocent until proven guilty.
Article 8 -- A human beings family members cannot be held accountable for the crimes of their relative.
Article 9 -- Any persons who violate any of these articles shall be held accountable by the law.
Article 10 -- The Universal Bill of Rights does not override the existing Bill of Rights of United Nations members. If any of these stated rights do not exist in a member nation, they are herby protected. If any nation has rights that go beyond these universal rights, the Universal Bill of Rights will not remove those rights.
Votes For: 11,169
Votes Against: 3,649
Implemented: Fri Aug 8 2003
There's way more that I'm sure could go in, looking for constructive criticisms, additions etc.
ACKNOWLEDGING the need for such resolutions,
SUGGESTING that replacement resolution be passed,
SUBMITS that Resolution #26 contains flaws which reflect poorly on the UN, and limit the resolution's scope and legal fortitude.
Article 2 of repealed resolution states:
"All human beings have the right to express themselves through speech and through the media without any interference."
In certain situations, the value of speech is outweighed by the negative impact on society. Examples include, but are not limited to:
Incitement to Riot,
Incitement to Violence,
Divulging of secret information relevant to the national security of member states.
Resolution #26 does not take these exceptions into account.
Article 5 states:
"All human beings must not be subjected to torture or to cruel or inhuman treatment or punishment."
The resolution does not define 'torture' 'cruel or unusual punishment' or 'inhuman treatment'. In cases such as this, where people may be brought to trial over such issues, we firmly believe that such statements must be fully and clearly articulated so as to avoid ambiguity. This resolution fails to do so.
Article 7 states:
"Any arrested person must be assumed innocent until proven guilty."
The legal system of a given member state is frequently based on centuries of legal and social tradition, which varies from nation to nation. In some of these traditions, the burden of legal proof may be placed upon the defendant. Article seven does not take this history into account, nor does it account for other seperate legal systems, such as military law, in which the public's vested interest in order may outwieigh the accused's rights.
SUGGESTS that Resolution #26 makes sweeping statements upon complex legal matters, which could result in confusion or unjust imprisonment through misunderstanding or willful misreading of said resolution.
Hereby REPEALS Resolution #26, The Universal Bill of Rights.
And here's the UBoR in it's entirety:
Description: Recalling the many egregious infringements of human rights,
Recognizing the need to protect basic human rights,
Deploring any acts by government at the sake of human rights,
Determined to put an end to the violation of human rights,
The United Nations shall endorse what will be called the Universal Bill of Rights, the articles of which are as follows:
Article 1 -- All human beings have the right to choose worship any faith, and to change their religious beliefs at any time without punishment on the part of the state.
Article 2 -- All human beings have the right to express themselves through speech and through the media without any interference.
Article 3 -- All human beings have the right to peacefully assemble.
Article 4 -- All human beings have the right to be treated equally under the law of any member nation.
Article 5 -- All human beings must not be subjected to torture or to cruel or inhuman treatment or punishment.
Article 6 -- No human beings will be subjected to arrest or exile without an explicit list of their offenses.
Article 7 -- Any arrested person must be assumed innocent until proven guilty.
Article 8 -- A human beings family members cannot be held accountable for the crimes of their relative.
Article 9 -- Any persons who violate any of these articles shall be held accountable by the law.
Article 10 -- The Universal Bill of Rights does not override the existing Bill of Rights of United Nations members. If any of these stated rights do not exist in a member nation, they are herby protected. If any nation has rights that go beyond these universal rights, the Universal Bill of Rights will not remove those rights.
Votes For: 11,169
Votes Against: 3,649
Implemented: Fri Aug 8 2003
There's way more that I'm sure could go in, looking for constructive criticisms, additions etc.